MEOGAMES Terms of Servic
Welcome to MEOGAMES, As used in these terms and conditions of use ("Terms"), "MEOGAMES", "we", "us", or "our" refer to MEOGAMES, Inc, and all of its subsidiaries.
We provide our users ("MEOGAMES Users") with: (i) applications for mobile platforms or devices, and web applications accessible on third-party social networking services ("SNS") (collectively, our mobile and web applications are referred to herein as "MEOGAMES Applications"), (ii) game publisher networks, crowd sourcing services and platforms ("Networks") in connection with Kiki9 Applications and Third-Party Mobile Applications (defined below), (iii) a portal for third-party publishers ("MEOGAMES Developer Portal"), (iv) web domains and subdomains, including MEOGAMES.com (collectively, our "Sites"), and web forums or messaging boards in MEOGAMES Applications and our Sites (collectively, our "Forums"). Any and all of our MEOGAMES Applications, Networks, MEOGAMES Developer Portal, Sites and Forums are referred to herein as our "Services".
Please read these Terms carefully because they govern your access to and use of our Services, MEOGAMES Content, and User Content (defined below) and are legally binding.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "SIGN UP" BUTTON WHERE APPLICABLE, OR BY ACCESSING OR USING OUR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT ON OR THROUGH OUR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER (DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR SERVICES OR MEOGAMES CONTENT.
Certain Services, and your access to or use of certain MEOGAMES Content, may have different, Service-specific or MEOGAMES Content-specific terms and conditions ("Rules") posted, or may require you to agree with and accept such additional Rules. If there is a conflict between these Terms and Service-specific Rules or MEOGAMES Content-specific Rules, the applicable Rules will take precedence with respect to your use of, or access to, such Service or MEOGAMES Content. In addition, MEOGAMES offers access to third-party mobile applications available via our Services (each, a "Third-Party Mobile Application"), which are designed by third-party publishers (each, a "Third-Party Publisher"). You understand and agree that access to, and use of, any Third-Party Mobile Application shall be subject to terms and conditions of use where provided by the Third-Party Publisher of such Third-Party Mobile Application ("Third-Party Terms").
MEOGAMES reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post these Terms as modified or otherwise provide you with notice of the modification. By continuing to access or use our Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services.
No Unlawful Or Prohibited Use
By using our Services, you represent and warrant to MEOGAMES that you will not use our Services, or any of the content obtained from our Services, for any purpose that is unlawful or prohibited by these Terms.
Eligibility and Registration
In order to access the full feature set of our Services, and to post any User Content on or through our Services, you must register to create a MEOGAMES account ("MEOGAMES Account") (any MEOGAMES Account, collectively, "MEOGAMES Account") and become a "Member."
You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the Services, you represent that your legal guardian has read, understood, and agreed to these Terms. In registering for a MEOGAMES Account, you agree to monitor the account to restrict any use by minors. You accept full responsibility for any unauthorized use of our Services by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors.
You may not register to create a MEOGAMES Account, and you cannot hold a MEOGAMES Account, if you are below the age of 14. In registering for a MEOGAMES Account, you agree to prevent access to anyone under 14.
Since our Services are not intended for children under the age of 14, MEOGAMES Account Member access to our Services is not knowingly granted to persons under 14,
During the registration process, you will be required to provide certain information, including your email address, and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. MEOGAMES reserves the right to suspend or terminate your MEOGAMES Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. If you are not a Member, you may only browse or use in limited ways those parts of our Services that are not limited to Members only.
You are responsible for safeguarding your password. You agree not to disclose your password to any third party or to allow any third party to use your MEOGAMES Account, and you agree to take sole responsibility for any activities or actions under your MEOGAMES Account, whether or not you have authorized such activities or actions. You will immediately notify MEOGAMES of any unauthorized use of your MEOGAMES Account.
EVEN THOUGH WE USE THE WORD "YOUR" TO DESCRIBE AN MEOGAMES ACCOUNT YOU REGISTERED FOR, YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE MEOGAMES ACCOUNT AT ALL, AND YOU FURTHER AGREE THAT ALL RIGHTS IN AND TO THE MEOGAMES ACCOUNT ARE AND ALWAYS WILL BE OWNED BY AND INURE TO THE BENEFIT OF MEOGAMES.
Interest in MEOGAMES Developer Program
If you are interested and eligible to participate in MEOGAMES's "MEOGAMES Developer Program", you may enter for registration as a developer ("Third-Party Mobile Application Developer") at the MEOGAMES Developer Portal here; you must complete the registration process by providing us with current, complete, and accurate information as prompted in the registration process. On registration you understand that you, as a Third-Party Mobile Application Developer, will be entirely responsible for any and all activities that occur under any Third-Party Mobile Application Developer account ("Developer Account") provided to you.
Without limiting any rights that MEOGAMES may have under any other agreement with you or at law, you agree (i) to notify MEOGAMES immediately of any unauthorized use of your Developer Account or any other breach of security; (ii) that MEOGAMES will not be liable for any loss that you may incur as a result of someone else using your Developer Account, either with or without your knowledge; (iii) that you may be held liable for losses incurred by MEOGAMES or another person due to someone else using your Developer Account; and (iv) that you may not use anyone else's Developer Account at any time without first obtaining the permission of the Developer Account holder.
Certain types of content are made available on or through our Services:
· User Content means text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by a Member on or through our Services.
· MEOGAMES Content means text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, MEOGAMES or our licensors' trademarks and logos, MEOGAMES Applications and Third-Party Mobile Applications, and other content made available by MEOGAMES on or through our Services, including any Customizations but excluding User Content.
· Customizations means the modifications, designs or enhancements to MEOGAMES Content as a result of a Member's or a non-registered user's customization of a MEOGAMES character using one of MEOGAMES's interactive templates or design tools. For the avoidance of doubt, Customizations do not include User Content.
Our Services and MEOGAMES Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, MEOGAMES and our licensors exclusively own all right, title and interest in and to the Services and MEOGAMES Content, including all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights ("Intellectual Property Rights").
MEOGAMES will exclusively own all right, title and interest in and to any Customizations and you hereby waive any and all rights you may have in any Customizations under copyright law or otherwise. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Services or MEOGAMES Content.
MEOGAMES Content License
Subject to your compliance with these Terms, MEOGAMES hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download and print, where applicable, any MEOGAMES Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or MEOGAMES Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by MEOGAMES or its licensors, except for the licenses and rights expressly granted by these Terms.
By making available any User Content on or through our Services, you hereby grant to MEOGAMES a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of our Services. MEOGAMES does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through our Services. Accordingly, you represent and warrant that:
· you either are the sole and exclusive owner of all User Content that you make available on or through our Services or you have all rights, licenses, consents and releases that are necessary to grant to MEOGAMES the rights in such User Content as contemplated under these Terms; and
· neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or MEOGAMES's use of the User Content (or any portion thereof) on, through or by means of our Services will infringe, misappropriate or violate a third party's Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
No Infringing Use.
You will not use our Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third party.
MEOGAMES has adopted and implemented a Copyright Infringement Policy that, among other things, provides copyright protections consistent with the procedures established by the United States Digital Millennium Copyright Act.
Without any limitation of our other rights and remedies under these Terms and at law, our Copyright Infringement Policy provides for the termination in appropriate circumstances of the accounts of MEOGAMES Users who are repeat infringers of the rights of copyright holders. Please see our Copyright Infringement Policy, which is incorporated into and forms a part of these Terms.
Ratings, Chat, Comments & Feedback
You can chat and make comments about content made available on or through our Services ("Comments"). MEOGAMES advises you to exercise caution and good judgment when leaving such Comments. We do not generally monitor, review or moderate your Comments. Once you complete and submit your Comments on or through our Services, you should not expect to be able to go back and edit your Comments, nor should you expect us to make modifications to, or deletions of, your Comments on your behalf. You should be aware that you could be held legally responsible for damages to someone's reputation if your Comments are deemed to be defamatory. Without limiting any other terms or conditions of these Terms, MEOGAMES may, but is under no obligation to do so, monitor or censor Comments and disclaims any and all liability relating thereto. Notwithstanding the foregoing, MEOGAMES does reserve the right, in its sole discretion, to remove any Comments that it deems to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Services ("Feedback"). You may submit Feedback by emailing us at feedback@MEOGAMES.com or by submitting through our Feedback system within our Services. You acknowledge and agree that all Feedback will be the sole and exclusive property of MEOGAMES and you hereby irrevocably assign to MEOGAMES and agree to irrevocably assign to MEOGAMES all of your right, title, and interest in and to all Feedback, including without limitation all worldwide Intellectual Property Rights therein. Further, we are under no obligation to provide compensation for any Feedback. At MEOGAMES's request and expense, you will execute documents and take such further acts as MEOGAMES may reasonably request to assist MEOGAMES to acquire, perfect, and maintain its Intellectual Property Rights and other legal protections in the Feedback.
Virtual Items and Virtual Currency
MEOGAMES owns, has licensed, or otherwise has the rights to use all MEOGAMES Content appearing or originating in the Services, MEOGAMES Applications or Third Party Mobile Applications, including virtual items ("Virtual Items") and virtual currency ("Virtual Currency").
Virtual Items and Virtual Currency are provided solely for your personal and entertainment use, they may only be used in MEOGAMES Applications or Third Party Mobile Applications, and they have no "real world" value. By purchasing or receiving Virtual Items and Virtual Currency all that you receive is a limited license to use them in MEOGAMES Applications or Third Party Mobile Applications by these Terms or such other terms as may apply; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you.
The prices for and the amounts and kinds of Virtual Items and Virtual Currency available may be changed at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice.
You cannot sell or transfer, or attempt to sell or transfer, Virtual Items or Virtual Currency, except only that where allowed you can exchange, within the Services, MEOGAMES Applications, and Third Party Mobile Applications, those Virtual Items and Virtual Currency that cannot be purchased with "real world" money ("Tradable Items") for other Tradable Items so long as no money or anything of monetary value is paid or given for Tradable Items; any other purported or attempted exchange is strictly prohibited.
Virtual Items and Virtual Currency may never be redeemed by you for "real world" money, goods, wares, merchandise, services, or anything of monetary value from MEOGAMES or any other person.
Orders & Payments
You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the Services, you may make payments only with the involvement of your legal guardian, and you represent that your legal guardian has read, understood, and agreed to these Terms.
You may purchase, with "real world" money, limited licenses to use Virtual Items or Virtual Currency from MEOGAMES in accordance with these Terms, and you agree that all such purchases are final. If you order licenses for Virtual Items or Virtual Currency from MEOGAMES that become unavailable before they can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction.
Your orders for limited licenses to Virtual Items or Virtual Currency are offers for use of those Virtual Items or Virtual Currency, and if accepted those Virtual Items or Virtual Currency will be immediately downloaded to your MEOGAMES Account.
You expressly consent to the making available of Virtual Items and Virtual Currency immediately upon acceptance of your order. If you are a resident of the European Union and you purchase limited licenses to Virtual Items and Virtual Currency from us, the right to withdraw from such purchases within 7 working days of the date of purchase ("Cooling Off Period") may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period. Therefore, you expressly agree and understand that if you order limited licenses to Virtual Items or Virtual Currency from us, your right of withdrawal is forfeited upon acceptance as performance begins immediately on acceptance.
You understand and agree that MEOGAMES provides no refunds for any purchases except only as expressly stated in these Terms.
Additionally, the maximum purchased Virtual Currency balance that you will be able maintain in your MEOGAMES Account at any given time is one thousand dollars ($1,000 USD) of purchased Virtual Currency.
You are responsible for and will pay all fees and applicable taxes incurred by you or anyone using an MEOGAMES Account registered to you.
Mobile Operating Software Providers and Third-Party Publishers
Providers of operating software for mobile devices ("OS Providers") offer virtual storefronts and marketplaces for you to browse, locate and download, among other things, mobile applications. If you download MEOGAMES Applications or Third-Party Mobile Applications from a virtual storefront or marketplace operated by your OS Provider, please note that, in addition to complying with these Terms (and the terms and conditions of any applicable Third-Party Publisher), you must also comply with the terms and conditions of such virtual storefront or marketplace, such, as for example, Google's Android Market.
As for Third-Party Publishers, although MEOGAMES is not a party to any license between you and any Third-Party Publishers with respect to Third-Party Mobile Applications, you acknowledge and agree that MEOGAMES is a third-party beneficiary of each such Third-Party Mobile Application's end user license agreement. You also agree that, upon your acceptance of the terms and conditions of the license to any such Third-Party Mobile Application, MEOGAMES, as a third-party beneficiary, will have the right (and will be deemed to have accepted the right) to enforce such license against you.
Interactions between Users
You are solely responsible for your interactions (including any disputes) with other MEOGAMES Users. Even if we choose to offer report user, block user, or similar features on our Services, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in, using our Services and disclosing personal information to other MEOGAMES Users. You agree to take reasonable precautions in all interactions with other MEOGAMES Users, particularly if you decide to meet an MEOGAMES User offline, or in person. Your use of our Services, MEOGAMES Content, User Content and any other content made available through our Services is at your sole risk and discretion and MEOGAMES hereby disclaims any and all liability to you or any third party relating thereto. MEOGAMES reserves the right to contact Members, in compliance with applicable law, in order to evaluate compliance with these Terms and any other applicable Rules. You will cooperate fully with MEOGAMES to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized MEOGAMES representatives access to any password-protected portions of your MEOGAMES Account.
You agree not to do any of the following while using our Services, MEOGAMES Content, or User Content:
· Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
· infringes, misappropriates or violates a third party's Intellectual Property Rights, or rights of publicity or privacy;
· violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
· is fraudulent, false, misleading or deceptive;
· is defamatory, obscene, pornographic, vulgar or offensive;
· promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
· is violent or threatening or promotes violence or actions that are threatening to any other person; or
· promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
· Use, display, mirror, frame or utilize framing techniques to enclose our Services, or any individual element or materials within our Services, MEOGAMES's name, any MEOGAMES or MEOGAMES licensor's trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without MEOGAMES's express written consent;
· Access, tamper with, or use non-public areas of our Services, MEOGAMES's computer systems, or the technical delivery systems of MEOGAMES's providers;
· Attempt to probe, scan, or test the vulnerability of any MEOGAMES system or network or breach any security or authentication measures;
· Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by MEOGAMES or any of MEOGAMES's providers or any other third party (including another MEOGAMES User) to protect our Services or MEOGAMES Content;
· Attempt to access or search our Services or MEOGAMES Content, or download MEOGAMES Content from our Services, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MEOGAMES or other generally available third-party web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Apple Safari or Opera);
· Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
· Use any meta tags or other hidden text or metadata utilizing a MEOGAMES or MEOGAMES licensor's trademark, logo URL or product name without MEOGAMES's express written consent;
· Use our Services or MEOGAMES Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
· Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way our Services or MEOGAMES Content to send altered, deceptive or false source-identifying information;
· Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide our Services or MEOGAMES Content;
· Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing our Services;
· Collect or store any personally identifiable information from our Services, or from other users of our Services, without their express permission;
· Impersonate or misrepresent your affiliation with any person or entity;
· Violate any applicable law or regulation;
· Encourage or enable any other individual to do any of the foregoing;
· Post User content or take any action that infringes or violates the rights of another Member:
· Bully, harass or intimidate any Member of the Services;
· Solicit Member login credentials from another Member or collect User content or otherwise access the Services by automated means including but not limited to, bots, robots, spiders;
· Create an MEOGAMES Account for anyone other than yourself;
· Use your Member profile for personal commercial gain;
· Use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other Members, or modify or interfere with the Service;
· Abuse or exploit a bug, glitch or mechanism in the Service; or
· Engage in any fraudulent behavior, including but not limited to credit card scams or credit card misappropriation.
· Posting spam or reposting removed content in the official MEOGAMES Forums. This includes but is not limited to posting the same content multiple times or reposting a thread or topic that has been removed from the forums.
· Unsportsmanlike behavior.
· Account sharing, including but not limited to the sharing of username and password for others to login for you.
MEOGAMES will have the right to investigate and prosecute violations of any of the above, including Intellectual Property Rights infringement and Services security issues, to the fullest extent of the law. MEOGAMES may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You acknowledge that MEOGAMES has no obligation to monitor or record your access to or use of our Services or MEOGAMES Content, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating our Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You acknowledge and agree that you have no expectation of privacy concerning uploads, transmissions, or submissions of any User Content. MEOGAMES reserves the right, at any time and without prior notice, to remove or disable access to any User Content that MEOGAMES, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to our Services.
We encourage MEOGAMES Users to report any suspected misconduct or misuse BACK